The overlord clause violates the Civil Code and the Consumer Protection Law.
Overlord clause is an unequal format contract, notice, statement, shop notice or industry practice unilaterally formulated by some operators to evade legal obligations and reduce their own responsibilities, which restricts consumers' rights and seriously infringes on the interests of the masses.
The "overlord clause" often appears in the form of standard contracts, notices, statements, shop notices, industry management, etc. It has five characteristics:
First, it relieves the responsibility and evades the obligations of operators.
the second is to arbitrarily expand the operator's authority in violation of the law.
the third is to exclude and deprive consumers of their rights.
fourth, the rights and obligations are not equal, which arbitrarily increases the responsibility of consumers.
the fifth is to control the final interpretation right by using vague terms.
on February 4, 2115, the Supreme People's Court said that "no bringing your own drinks" and "minimum consumption in private rooms" in the catering industry belong to the overlord clause in the service contract. If consumers encounter disputes arising from the overlord clause when catering operators provide services, they can apply the provisions of the Consumer Rights Protection Law to defend their own rights and interests. In 2118, the government work report of the National People's Congress and the National People's Congress pointed out that "all kinds of violations of consumers' rights and interests should be punished according to law and will never be tolerated". "International Consumer Rights Day", "Sign for it first and then inspect it", "Do not bring your own drinks" and "Special offers and promotional items are not refundable", which are actually overlord clauses and encounter decisive complaints.
the law on the protection of consumers' rights and interests stipulates that business operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting business operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc., and shall not use format clauses and technical means to force transactions.
format clauses, notices, statements, store notices, etc. that contain the contents listed in the preceding paragraph are invalid.
according to the civil code, the standard clauses are invalid if one party unreasonably exempts or lightens its responsibilities, aggravates the other party's responsibilities and restricts the other party's main rights.
According to Article 497 of the Civil Code, this standard clause is invalid under any of the following circumstances:
(1) It is invalid under the provisions of Section 3 of Chapter VI of Part I of this Law and Article 516 of this Law;
(2) The party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the responsibilities of the other party, and restricts the main rights of the other party;
(3) The party providing the standard terms excludes the other party's main rights.